§ 34-27-7. Real Estate Commission - Created; composition; qualifications
of members; appointment; terms; compensation; organization; executive
director and assistant executive director generally; seal; records; immunity
from suit.

(a) There is created the Alabama Real Estate Commission. The commission
shall consist of nine members appointed by the Governor with the advice
and consent of the Senate as hereinafter provided. The Governor's appointments
to the commission, except for the appointment of the consumer
member made pursuant to subsection (e), shall be made from a list of three
persons nominated by the governing body of the Alabama Professional Real
Estate Society or trade association which has the largest licensee membership,
as evidenced by the filing of a verified list of paid members with the Secretary
of State within 10 days of April 6, and annually by December 31 of each year
thereafter. At least one of the persons nominated for each commission seat
shall not be a member of the Real Estate Society or trade association. The
Governor shall appoint one of the three nominated persons within 30 days
following receipt of the list. If the Governor does not make an appointment
within 30 days, the said Real Estate Society or trade association shall provide
the Governor a list of three additional nominees. The Governor, upon receipt
of the second list of nominees, shall appoint one of the six nominees within 30
days following receipt of the nominees. Appointments made at times when
the Senate is not in session shall be effective ad interim. Any appointment
made by the Governor while the Senate is in session shall be submitted not
later than the third legislative day following the date of appointment. Any
appointment made while the Senate is not in session shall be submitted not
later than the third legislative day following the reconvening of the Legislature.
(b) Ad interim appointments may be made by the Governor when the
Legislature is not in session only for vacancies occurring by reason of death or
resignation of a board member. Ad interim appointments shall be confirmed
by the Senate at the next following regular or special session of the Legislature.
Failure by the Senate to confirm shall result in a vacancy on the board
that shall be filled by appointment by the Governor and confirmation by the
Senate while the Legislature is in session. Any vacancy not acted upon shall
remain a vacancy until it is filled at a subsequent session of the Legislature in
the manner prescribed in this section.
(c) Each of the original seven appointees and their successors shall have
been a resident and citizen of this state for at least 10 years prior to his or her
appointment and whose vocation for at least 10 years shall have been that of a
real estate broker or real estate salesperson. No person convicted of a
violation of any federal or state real estate license law shall be eligible to
serve. Not more than one member from any United States Congressional
District shall be appointed to serve at the same time. The members of the
commission shall serve five-year terms. On and after April 7, 1988, no
member shall serve for more than two consecutive terms of office, except,
however, each member shall hold office until his or her successor is appointed
by the Governor and confirmed by the Senate. The period of time any
member serves after the expiration of his or her term of office while awaiting
the appointment and Senate confirmation of his or her successor shall not be
considered as a consecutive term of office in determining the two consecutive
terms of office limitation herein provided. All appointments shall expire on
September 30 of the final year of a term, or on the date a successor to the
member is appointed and confirmed. If a member does not serve his or her
full term, the Governor shall appoint, in the same manner as original
appointments are made, subject to confirmation by the Senate, a member to
serve the unexpired portion of the term.
(d) On September 30, 1988, the Governor shall appoint one new member to
the commission, subject to the confirmation of the Senate, who shall be a
Black member who meets all of the other requirements of subsection (c), who
shall serve no more than two consecutive terms of office, who shall be a full
voting member, and who may be appointed from any congressional district in
the state. Each successor Black member shall be appointed from a different
congressional district, to be rotated equally among the remaining congressional
districts.
(e) On October 1, 1996, the Governor shall appoint one new member to the
commission, subject to the confirmation of the Senate, who shall be a
consumer member. The consumer member of the commission shall serve no
more than two consecutive terms of office, shall be a full voting member, and
shall be initially appointed from any congressional district in the state. Each
successor consumer member shall be appointed from a different congressional
district, on a rotating basis, among the remaining congressional districts.
The consumer member shall meet all of the following requirements, that he or
she:
(1) Is 21 years of age or older.
(2) Has been a resident and citizen of this state for at least 10 years prior
to appointment.
(3) Is a registered voter in this state.
(4) Has no felony convictions.
(5) Is the owner of real property.
(6) Has not been a licensed real estate broker or salesperson for the 10
years preceding appointment.
(7) Is not related to, by blood or marriage, or employed by, a real estate
licensee.
(f) On the appointment of a new commissioner, the commission shall meet
and select from its members a chair.
(g) Each member of the commission shall receive as full compensation three
hundred dollars ($300) per month. The members of the commission, its staff,
and attorneys shall receive the same per diem and travel allowance paid to
state employees for each day they meet to conduct the official business of the
commission.
(h) The commission may employ an executive director and an assistant
executive director, both of whom shall be exempted from the classified service
under the general laws of the state, and other staff members necessary to
discharge its duties and administer this chapter. The executive director and
assistant executive director shall be employed on the basis of their education,
experience, and skills in administration and management. The commission
shall advertise to seek quality applicants possessing the qualifications and
shall conduct interviews of the top applicants. The assistant executive
director shall act as and have authority of the executive director in his or her
absence. The commission shall determine the duties and fix the compensation
of the executive director, assistant executive director, and other staff
members, subject to the general laws of the state.
(i) The commission shall adopt a seal by which it shall authenticate records
and documents. Copies of all records and documents in the office of the
commission duly certified and authenticated by the seal of the commission
shall be received in evidence in all courts equally and with the same effect as
the original. All public records kept in the office of the commission shall be
open to public inspection during reasonable hours and under reasonable
circumstances.
(j) No commissioner shall be liable for damages resulting from any act
performed in carrying out his or her duties as a commissioner.

(Acts 1951, No. 422, p. 745, § 4; Acts 1971, No. 2485, p. 3966, § 4; Acts 1971,
3rd Ex. Sess., No. 310, p. 4599, § 1; Acts 1975, No. 563, p. 1276, § 1;
Acts 1978, No. 654, p. 932, § 1; Acts 1979, No. 79-690, p. 1221, § 1; Acts 1981,
No. 81-386, p. 572, § 1; Acts 1982, No. 82-231, p. 282, § 1; Acts 1983,
No. 83-516, p. 781, § 1; Acts 1985, No. 85-750, p. 1204, § 1; Acts 1988,
No. 88-214, p. 315, § 3; Acts 1989, No. 89-284, p. 447, § 3; Acts 1992,
No. 92-177, p. 305, § 3; Acts 1996, No. 96-791, p. 1471, § 1.)

Cross references

See RULE 790-X-1.01.